Rape Victim Advocates' Knowledge and Insight on Rape Laws

Abstract

Although previous literature details the successes and failures of reforms of rape laws designed to better support and protect victims, there is a lack of research on rape victim advocates' knowledge of and views about rape laws. It is essential that we understand advocates' level of legal knowledge because they may be the first or only source of legal information for victims. Based on analysis of interviews with 58 rape victim advocates serving six rape crisis centers in four East coast states, this article explores advocates' knowledge about rape laws, possible reasons for limited knowledge, and perceptions about various laws that aim to protect rape victims. This research suggests that although advocates have a somewhat limited grasp of laws intended to aid rape victims, they have an overall negative view of the legal system.     

Intoxicated Consent in Rape: Bree and Juror Decision-Making

The article examines the recent Court of Appeal judgment in Bree, in which the court considered the guidance that should be given to a jury when the complainant is intoxicated at the time of an alleged rape. As well as analysing the reasoning of the court in Bree, the judgment is placed in context by examining factors, such as social attitudes, that influence juror decision-making in rape cases. It also examines the suggestion made by the court in Bree that further law reform in this area would represent 'patronising interference' in the lives of women.     

Rape victim and perpetrator blame and the Just World hypothesis: The influence of victim gender and age

Abstract

Victims of rape are sometimes blamed for the assaults against them. Research has examined primarily female victims; much less is known about men as victims and whether victim age affects attributions of victim blame. Furthermore, the study investigated the effects of Belief in a Just World (BJW) on blame attributions. Employing a vignette-type experimental study with a 2 (gender of participant)×2 (victim's gender)×2 (victim's age)×2 (participant BJW score) between-subjects design and several measures of blame attributions towards victim and perpetrator as dependent variables, a community sample (n = 164) participated. The main results were as hypothesised, namely that young male victims were attributed more blame, particularly by participants scoring high on BJW. Overall, victim blame level was low and perpetrator blame was high, and BJW was a powerful predictor of blame attributions.     

Social workers' and police officers' perception of victim credibility: Perspective-Taking and the impact of extra-Evidential factors

Abstract

The credibility of a victim can be influenced by factors that objectively should not have any impact on the judgemental process. The present two studies examine the influence of two such factors: (1) the non-verbal behavior of the victim, and (2) the ethnic identity of the victim, in the context of two different perspectives of observation (victim focused or truth detecting). Study 1 focused on perspective taking, and was included for the methodological reason that in Study 2 perspective taking was necessarily confounded with subject gender. Study 1 indicates that the perspective of the observer has a significant influence on the perceived credibility of the victim and the interpretation of non-verbal behavior. In Study 2 perspective-taking was manipulated more realistically by including a sample of social workers and of police officers. The other two factors were manipulated in the videotapes. Results suggested that the white victim exhibiting white non-verbal behavior, judged by a social worker, is perceived as more credible and has less chance of secondary victimisation. The black victim however, exhibiting black non-verbal behavior, who is judged by a police-officer, is perceived as least credible and runs a higher chance of secondary victimisation.     

Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders

This article examines R v Jamal Muhammed Raheem Ul Nasir, a Court of Appeal case where leave to appeal against a seven-year custodial sentence for sexual offences against children was refused. The appellant argued that his sentence length was excessive because the judge viewed the female victims’ ethnic and religious origin as an aggravating factor. In light of a number of charities’ condemning the judgment, this article evaluates whether the Court of Appeal made the correct decision, particularly in the wider context of sentencing principles. It also considers whether causing shame to a victim and her family can be regarded as an aggravating factor when sentencing sexual offences, and discusses the circumstances where the victim’s ethnic origin should be taken into account.     

The challenge of public law law reform: reflections on a failed Law Commission project

This article reviews the history of the Law Commission project on administrative law and the citizen from 2003, a project which the Law Commission essentially substantively ended in 2010. The project provides lessons both about the initiation and design of law reform projects and on the prospect of law reform being institutionally capable of contributing to the development of core areas of public law.     

案例教学法在卫生法学教学实施中的误区及解决策略

案例教学法在部分院校的卫生法教学实施中取得了良好的效果,但其教学设计、教学实施及教学反思环节仍存在误区。应当在以学生为主的教学理念和重视双向交流原则的指导下,通过精选教学案例、营造良好的课堂教学氛围、规范教学步骤来完善教学设计环节,通过突出学生学习的实践性和关注案例所涉知识面的扩展来重构教学实施环节,通过重视对本次案例教学法适用的总结反思和对整门学科适用案例教学法质量的检测来关注教学反思环节。     

金融刑法立法理念的宏观分析--为金融刑法改革进言

我国金融刑法的立法模式技术、构成设计技术、刑罚配置技术之背后分别是法典主义、事后主义、重刑主义立法理念,这些理念使我国金融刑法对国家本位的传统金融体系具有保护金融机构主义、保护管理秩序主义、片面刑事规制主义的适应性特征.历史变化正在发生,为适应和推动金融深化、金融创新与金融全球化的金融发展趋势,我们应该、也有条件更新金融刑法的上述立法理念,革新金融刑法的相应立法技术.     

论行政刑法的性质和概念

行政刑法在我国是一个崭新的研究领域。行政刑法在法律上兼具行政法与刑法的双重性质,行政刑法是国家为了实现行政管理的目的,维护正常的行政管理秩序,规定行政犯罪并追究其行政刑法责任的特殊法律规范的总称。     

A simulation model of pretrial felony case processing: A queuing system analysis

Case processing tends to be examined with data analysis or evaluation designs. Both limit our understanding of how case processing as a whole operates and how its parts relate to each other. This article suggests queue simulation modeling as a method for dealing with these issues. We report here the initial development and analysis of a queuing model of arraignment to trial assignment. Conceptualizing on the basis of court functions and empirical findings, rather than institutional structures, we conceive a five-stage pretrial process. Using case-level, rather than system-level data, we construct a single-server, multiphase queuing model and use the model to simulate the behavior of a pretrial case processing system. Simulations show the strong impact of the final phase (trial assignment) on the entire system and that most of this impact is delay rather than service. The system is then analyzed using a factorial design that systematically alters model parameters thought to be important determinants of performance. Simulations are run for each possibility in the design, and analysis of variance is used to examine results. Analysis confirms prior results concerning final phase impact and points specifically to the import of phase capacity and exit rate. The utility of modeling is considered by suggesting some policy implications of the results for judicial staffing and behavior.     

中英刑法上强奸罪之比较

英国自上世纪中叶至本世纪初对强奸罪做过多次修改,当今英国强奸罪的概念与过去相比已有本质上的区别。从纵向评析英国强奸罪概念的发展过程,横向比较中英两国强奸罪的概念和构成,有助于深入探讨我国有关强奸罪法律所存在的问题。例如,强奸罪受害人是否仅限于女性,性行为指向是否仅限女性生殖器,婚内强奸是否构成犯罪,以及如何立法保障男性免受鸡奸等行为的侵害。     

强奸致孕形成部分性葡萄胎的检验分析

目的探讨强奸致孕案葡萄胎组织的DNA检验和STR结果分析。方法用DNA Typer TM15试剂盒对犯罪嫌疑人、受害人血样和流产胚胎组织进行荧光复合STR基因座扩增检测。结果检测的一例流产胚胎组织DNA的STR峰谱表现出部分3条带,且3条带中有两个等位基因来源于犯罪嫌疑人,另外一个来源于受害人,推断为单卵双精子受精的部分性葡萄胎。结论应用STR分型技术可以推断葡萄胎的DNA来源和受精类型,为亲缘关系鉴定提供依据。     

Perpetuating myths of women as false complainants in rape cases in India: culture V. The law

ABSTRACT

Despite public outrage over our global “rape culture,” sexual offences continue to be characterised by low levels of reporting, prosecution, and conviction in many countries. Attrition rates for sexual assault internationally, although varying in pattern, are consistently high. As a signatory to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women (DEVAW), the Indian Government acknowledges the need to afford better protection to victims of gender violence. Assessing the effect of rape law reform in India, using crime statistics and a survey of recent judgments from the Delhi District Courts, the author argues that the legislature has failed systematically to address the many injustices experienced by women who allege rape. The Indian Parliament responding to the moral panic generated by the Delhi gang rape case with knee-jerk reforms, focused mainly on increasing penalties, maintaining an outmoded view of rape as a crime against morality rather than as a violation of gender rights and human rights. By closely investigating the sociocultural context in which sexual crimes against women occur in India, the author reveals that India’s “cultural” arguments for rejecting further reform (such as repeal of the marital rape immunity) are merely entrenched gender biases, bearing strong parallels to nineteenth century English common law perceptions of women who allege rape as a class of false complainants.     

Indonesian labour law development and reform： The years of ratifying fundamental human rights defined within the ILO core conventions

Indonesia has a long experience in developing and reforming its labour law in order to response and accommodate fundamental human rights defined within International Labour Organization （ILO） core conventions. It was in particular for enhancing substance of workers＇ prosperity in industrial relationships in the country. For the purpose of changing paradigm in industrial relationships namely the corporatist model or regulatory model into the contractual model and replacing the single union system with multi-union system in term of labor institution and worker association （particularly based on the ILO Convention No. 87 and No. 98）, the government of Indonesia fairly enacted the Act No. 21 of 2000 regarding Trade Unions and the Act No. 13 of 2003 regarding Labor.     

执行程序的局部修正与整体改革——兼论司法改革的整体性

治理"执行难"应有整体思路,需要通盘考虑民事诉讼法的全面修订与制定独立的强制执行法这两个相互关联的问题.法律的局部修订应与我国司法改革的进程相互协调,总结司法实践的经验教训,用法律的形式将已经取得的改革成果固定下来,同时也为将来进一步的改革提供宏观思路和整体规划,使立法与改革相辅相成,相互促进.     

论判例主义的推理模式

本文针对普通法国家以判例法为基本特征的法律结构,对法律推理中的判例主义模式进行了初步探讨。作者从判例主义遵循先例的基本前提入手,对法律推理中的事实和法律的发现,基本方法的采用以及推理结果的获取等问题进行了研究。作者认为,判例主义的推理模式是综合性的推理过程的体现,其终极目标是落实法官心中的正义观念。     

民法与经济法价值之比较分析

本文首先从经济关系层面出发 ,对民法与经济法的互动进行了分析。指出二者价值差异的根源在于经济思想、公平理念和利益观的差异。二者价值体系在总体上具有一致性、谐和性和互补性。同时揭示了他们间的文化与精神的互补、功能的相互矫正及调整对象的交叉。     

China’s rule of law in the globalization era

Globalization of the economy, public affairs, human rights, environmental issues and laws indicate the developing tendency of human beings and society, and this has a great influence on the third reform of Chinese law in many aspects. Upon its entrance into the WTO, China carried out a large-scale clarification and amendment of its laws and regulations, and incorporated itself into the global governance structure. This marks the beginning of the third legal reform in the country. This reform includes the reform of the political and legal system, restructuring of the legal system, and evolution of the real meaning of law. In the future development of Chinese law, the fundamental nature of modern, global and human civilization, and the legal profession will penetrate much more into the whole Chinese law and its operation.     

Predicting multiple victim versus single victim sexual abuse: an examination of distal factors and proximal factors associated with the first abuse incident

Abstract

Official and confidential self-report data on 83 convicted adult male sexual abusers were analysed to examine whether sexual offending progression can be better predicted from distal antecedents, or from proximal antecedents and outcomes associated with the first sexual abuse incident. Fifty-six offenders who sexually abused more than one victim (multiple victim offenders; MVOs) were compared to 27 offenders who sexually abused a single victim only (single victim offenders; SVOs). MVOs were younger at the time of their first sexual abuse incident, and were more likely to first abuse male and non-familial children. With the exception of sexual attraction to male children, no differences were found between the two groups on distal antecedents. Proximal antecedents and outcomes associated with the first sexual abuse incident were significantly related to multiple victim offending. Logistic regression analysis identified the presence of sexual difficulties in the month prior to the first abuse incident, and sexual excitement immediately preceding the first incident, as significant unique predictors. Implications for risk assessment and risk management are discussed, and future research directions proposed.     

试论《卫生法学》课程信息化教学改革的新思路

随着现代信息技术的发展,对卫生法学研究和实践的信息化成为改革的必然趋势。在《卫生法学》课程教学工作中,只有拟定科学的教学目标,规范卫生法学信息化的教学内容,采用现代化的教学方法和更合理的考评方式,才能培养出适应新形势下献身国防卫生事业的信息化管理和实践型医学人才。